Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 11/13/2015 2:20:34 PM PAM ESTES Clerk *1 ACCEPTED 12-15-00160-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 11/13/2015 2:20:34 PM Pam Estes CLERK

NO. 12-15-00160-CR

ON APPEAL FROM THE 217TH JUDICIAL DISTRICT COURT

ANGELINA COUNTY, TEXAS

CAUSE NO 2011-0160

BRADLEY GRAHAM § IN THE COURT OF APPEALS

VS. § FOR THE § 12TH JUDICIAL DISTRICT

STATE’S RESPONSE TO MOTION FOR REHEARING TO REINSTATE APPEAL

TO THE HONORABLE JUSTICES OF THIS COURT:

Appelle, State of Texas, has no objection to Appellant’s Motion for Rehearing to

Reinstate Appeal.

I.

On October 5, 2015 the Twelfth Court of Appeals issued a notice that the Clerk’s Record

failed to contain the trial court’s certification of the defendant’s right of appeal that was

specifically required by Tex. R. App. P. 25.2(d). The Court of Appeals gave a deadline of

October 15, 2015 in which to file a supplemental Clerk’s record containing the trial court’s

certification of defendant’s right of appeal, or the appeal would be referred to the Court for

dismissal. As of October 16, 2015 no supplemental Clerk’s record containing the trial court’s

certification of defendant’s right of appeal had been filed. On October 21, 2015 the Court of

Appeals issued a memorandum opinion dismissing the appeal for want of jurisdiction due to the

lack of supplemental Clerk’s Record being filed containing the trial court’s certification of

defendant’s right of appeal. On October 28, 2015 the Appellant filed a Motion for Rehearing to

Reinstate the Appeal and attached the trial court’s certification of defendant’s right of appeal to

the Motion.

II.

Pursuant to Exhibit A, the trial court’s certification of defendant’s right to appeal that

Appellant filed with his Motion for Rehearing to Reinstate the Appeal, the State waives any

objection to the Appellant’s Motion for Rehearing to Reinstate the Appeal.

Respectfully Submitted,

/s/ April Ayers-Perez

Assistant District Attorney

Angelina County D.A.’s Office

P.O. Box 908

Lufkin, Texas 75902

(936) 632-5090 phone

(936) 637-2818 fax

State Bar No. 24090975

ATTORNEY FOR THE

Certificate of Service

I certify that on November 13, 2015, a true and correct copy of the above

document has been forwarded to Al Charanza, by electronic service through

efile.txcourts.gov.

*3 Certificate of Conference

I certify that on November 12, 2015, I conferred with Al Charanza about this

motion.